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2020 SESSION
SB 905 Landlord and tenant; tenant's remedy by repair, clarifies definition of "actual costs."
Introduced by: William M. Stanley, Jr. | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Landlord and tenant; tenant's remedy by repair. Permits a tenant, under certain circumstances, to have a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law, or that if not promptly corrected will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, remedied by a third-party licensed contractor or a licensed pesticide business. The bill provides that, unless the tenant has been reimbursed by the landlord, the tenant may deduct from rent the actual costs incurred, not to exceed the greater of one month's rent or $1,500, after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor or pest control services.
SUMMARY AS PASSED SENATE:
Landlord and tenant; tenant's remedy by repair. Permits a tenant, under certain circumstances, to have a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law, or that if not promptly corrected will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, remedied by a third-party licensed contractor. The bill provides that, unless the tenant has been reimbursed by the landlord, the tenant may deduct from rent the actual costs incurred, not to exceed the amount of one month's periodic rent, after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor services.
SUMMARY AS INTRODUCED:
Property; landlord and tenant; tenant's remedy by repair. Permits a tenant, where there is a violation of the landlord's duty to maintain fit and habitable premises, to have the condition remedied by a third party. In such a case, provided that the tenant has given the landlord documentation of the repair by a third party and an itemized bill reflecting the actual and reasonable costs of the repair, the tenant may deduct such costs from subsequent periodic rent payments until they are recuperated.